who filed the complaint to furnish evidence of the guilt of the person accused, and the accused may present counter-evidence. If the justice is convinced that the accused is probably guilty, it is his duty to order the accused to be held until the meeting of the grand jury.

Bail.-4. Except in the case of the most serious crimes, the accused has a right to avoid going to jail by giving bail; that is, by getting responsible citizens to agree to pay to the government a specified sum of money if he should not appear at the command of the court. It is the duty of the justice to inform the accused of his right to bail, and to fix the amount.

The Indictment.-5. The grand jury attends the meetings of the court having jurisdiction over serious crimes. The evidence tending to establish the theory of guilt is presented. If in the opinion of the grand jury, the evidence will result in the conviction of the accused, it is their duty to indict him; that is, to present a formal charge against him, which is usually drawn by the prosecuting attorney. The grand jury may indict persons not previously held to appear by a magistrate. In such a case there is no complaint or preliminary examination; the arrest is made by order of the court after the indictment of the grand jury.

The Arraignment.-6. The accused is brought before the court and the indictment is read to him. He is asked whether he has been indicted by his right name. He is also asked whether he is guilty or not guilty of the crime charged in the indictment. Before he answers this question he is entitled to the benefit of counsel. If he is unable to secure counsel, the court

appoints counsel for him. If the accused answers “guilty,” the court sentences him to punishment according to law. If he answers not guilty," a time is set for the trial. The answer which the accused makes of guilty or not guilty is called his plea.

The Trial. —7. The object of the trial is to ascertain the guilt or the innocence of the accused. The form of procedure differs in the different states, but there are usually the following stages:

1. The Empanelling of a Jury. The clerk draws twelve names from the list of jurors who have been called to attend the sitting of the court. The accused, as well as the attorney for the state, may object to any of the persons selected, for reasons recognized by law. This is called challenging the jurors for cause. A certain number may be excluded by peremptory challenge; that is, a challenge without assigning any reason. the list of jurors in the hands of the clerk is exhausted, the sheriff is directed to summon by-standers until the panel of twelve jurors is completed. The jurors are then sworn to decide the case according to the evidence and the law, as given them by the court.

If

2. The Testimony. - Having been sworn, the jury listen to the testimony. In many states the counsel for the state begins by giving to the court and the jury an outline of the evidence upon which he relies for conviction. Then the witnesses for the state are sworn and examined by him, and cross-examined by the counsel for the defendant. The counsel for the defendant may then give an outline of the evidence for the defendant, to be followed by the witnesses themselves. The state may introduce rebutting testimony.

3. The Arguments. When the evidence has all been given, the counsel on each side presents an argument, to secure from the jury a verdict in his favor. The order of these addresses is not the same in all the states. In some the last address is for the defendant, and in others for the state.

4. Instruction from the Court. The court then instructs the jury on the law applicable to the case. The jury are informed that they are the judges of the facts and the testimony; that if they find from the testimony that such and such are the facts, it will be their duty to bring in a verdict of guilty as charged; but that if from the testimony they find the facts to be thus, then it is their duty to render a verdict of not guilty. Or a state of facts may be set forth, in view of which the jury may find the accused guilty of a crime less than the one charged in the indictment.

5. The Verdict. The jury may, while sitting in their places, confer together and agree upon a verdict. In case they do not thus agree, they are placed in charge of an officer, and are kept together in a room by themselves until a verdict is reached, or until it becomes manifest that they are unable to agree. If they fail to agree, a new trial may be had. If they bring in a verdict of not guilty, the defendant is set at liberty, and he cannot be tried again for the same offence.

6. The Sentence. If the jury return to the court with the verdict of guilty, it then becomes the duty of the court to sentence the prisoner; that is, to tell him in open court what his punishment shall be. In some cases the law determines the exact penalty; in others, a measure of discretion is left to the court. For the

crime of burglary the penalty is imprisonment at hard labor in state's prison for a term of years. After sentence, the sheriff conveys the convict to prison and delivers him into the hands of the keeper.

7. Appeals. — The accused having been sentenced, his counsel may file a bill of exception to the rulings of the court, and may appeal to the higher court. The higher court does not try the case anew; it simply reviews the action of the lower court on matters of law. If it finds that errors have been committed, it may set aside the decision, which makes a new trial necessary before the accused can be punished. If an appeal is taken, the accused is kept in the county jail or held under bail until it is decided.

Civil Cases. In criminal suits the plaintiff, or the party bringing the action, is the state, or the people. But in a civil suit both plaintiff and defendant are usually individuals or corporations. The method of beginning the action is not the same in all the states. The plaintiff in some way, by filing a petition with the clerk of the court, or by filing an order or a complaint, or by serving an original notice, makes known to the defendant that on a certain day of a certain term of court, suit will be brought for the recovery of a specified sum of money, which is due for such and such a consideration. If the defendant does not appear either in person or by counsel, and object to the claim, judgment is rendered against him and no contest occurs. If he appears, he makes a written answer to the petition in which he alleges that the claim is not due, or that it has been paid, or that it is in some way defective. The trial ensues upon the issue raised by the plaintiff's petition and the defendant's answer.

If either party demands it, a jury is empanelled to determine questions of fact. Otherwise the court decides all questions both of law and fact.

An appeal may be had by either party.

When a judgment is rendered against the defendant, an officer has authority to procure the money due, by seizing and selling any property of the defendant not exempted by law.

CHAPTER XXI.

COURTS AND OTHER GOVERNMENT OFFICERS.

Control of Public Officers.

A large part of judicial business is such as arises in the punishment of criminals, and in settling disputes between citizens. But courts are also closely connected with the executive business of government through their power over its officers.

Mandamus.- Civil officers may neglect to perform the duties prescribed by law. Upon the application of any citizen, who is interested in the matter, a court may issue an order commanding the officers to perform a specific duty. Such an order is called a mandamus, a word meaning 66 Iwe command." If the officers still refuse to act, they may be sent to prison for contempt of court. The mandamus is used most frequently when the officers of a town, city, or county refuse to levy a tax to pay the debts of the government.

Injunction. An injunction is an order from a court restraining an officer or person from the doing of some